Prosecution Insights
Last updated: April 19, 2026
Application No. 17/981,906

COMPOSITE CATHODE CONTACT WITH SPACER LAYER FOR MONOLITHICALLY INTEGRATED MICRO-LEDS, MINI-LEDS, AND LED ARRAYS

Non-Final OA §103
Filed
Nov 07, 2022
Examiner
ANGUIANO, MICHAEL
Art Unit
2899
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Lumileds LLC
OA Round
3 (Non-Final)
44%
Grant Probability
Moderate
3-4
OA Rounds
3y 0m
To Grant
80%
With Interview

Examiner Intelligence

Grants 44% of resolved cases
44%
Career Allow Rate
7 granted / 16 resolved
-24.2% vs TC avg
Strong +37% interview lift
Without
With
+36.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
56 currently pending
Career history
72
Total Applications
across all art units

Statute-Specific Performance

§103
64.7%
+24.7% vs TC avg
§102
7.1%
-32.9% vs TC avg
§112
27.5%
-12.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 16 resolved cases

Office Action

§103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on September 18, 2025 has been entered. Information Disclosure Statement(s) The Information Disclosure Statement(s) filed on October 3, 2025, December 18, 2025 were considered by the Examiner. Response to Arguments RE: the rejection of claim(s) 22-23 under 35 USC 112(b), Applicant’s arguments and/or amendments have been fully considered and resolve the issues of indefiniteness. Accordingly, the rejection of claim(s) 22-23 has been withdrawn. RE: the rejection of claim(s) 1-5, 8-15, 18-24 under 35 USC 103, Applicant’s arguments and/or amendments have been fully considered but are moot as further search and consideration prompted the new grounds of rejection presented herein. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 1-2, 4, 11-12, 14, 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US20210167248A1 (“Yang”) in view of US 20170040490 A1 (“Lee”), further in view of US20180047929A1 (“Kim”). RE: Claim 1, Yang discloses A light emitting diode (LED) device (light emitting device in FIGs. 1-2A, 14; referencing upper portion of FIG. 14 below since this portion of FIG. 14 shows a portion of FIG. 2A flipped upside down, [0074]) comprising: a mesa comprising semiconductor layers (FIG. 14 shows a middle mesa comprising semiconductor layers 115, 125, 135), the semiconductor layers including an N-type layer (115 has n-type conductivity, [0021]), an active layer (125), and a P-type layer (135 has p-type conductivity, [0019]), the P-type layer having a top surface and at least one side surface (FIG. 14 shows 135 has a top surface and side surface), the active layer having a top surface and at least one side surface (FIG. 14 shows 125 having a top surface and side surface), and the N-type layer having a top surface and at least one side surface (FIG. 14 shows 115 having a top surface and side surface), the mesa having a top surface and at least one side wall (FIG. 14 shows the middle mesa having a top surface and at least one left side wall), the at least one side wall formed by the N-type layer, the active layer, and the P-type layer (FIG. 14 shows the at least one left side wall of the mesa formed by 115, 125, 135), the at least one side wall defining a trench having a bottom surface (FIG. 14 shows the at least one left side wall of the middle mesa defining a trench having a bottom surface, the trench defined between the left mesa, the middle mesa, and 110); a conductive layer (160, [0015]) on the at least one side wall and on the bottom surface of the trench (FIG. 14 shows 160 on the at least one side wall and on the surface of 110 defining the bottom surface of the trench); a dielectric layer (155 is silicon oxide or silicon nitride, [0023]; the instant application describes these materials as being dielectric, [0054]) disposed along the side surface of the P-type layer, the side surface of the active layer, and a portion of the side surface of the N-type layer (FIG. 14 shows 155 disposed along the side surfaces of 135, 125, and along a portion of the side surface of 115), the dielectric layer disposed between the conductive layer and the side surface of the P-type layer, the side surface of the active layer, and the portion of the side surface of the N-type layer (FIG. 14 shows 155 disposed between 160 and the side surfaces of 135, 125, and the portion of the side surface of 115); a spacer layer (180) on the conductive layer; a layer (194, [0015]) on the spacer layer; and a p-type contact (192) on the top surface of the mesa. Yang does not explicitly disclose: the electrode 160 is a transparent conductive layer; the contact plug 194 is a cathode layer. However, in the same field of endeavor, Lee discloses at least one of the first and second electrodes 160 and 170 may be a transparent electrode, and for example, may be formed of indium tin oxide (ITO), aluminum zinc oxide (AZO), indium zinc oxide (IZO), zinc oxide (ZnO), [0078], It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrode 160 to be made of a transparent oxide material such as zinc oxide in order to more efficiently allow light to be emitted outward from the device. The instant application describes the material zinc oxide as being transparent and conductive. Accordingly, the electrode 160 would be a transparent conductive layer. Further, Yang discloses the contact plug 194 is in electrical contact with the electrode 160, [0072]. Accordingly, the combination of the contact plug 194 and the electrode 160, which are electrically connected to n-type semiconductor layer 115, function as an electrode for the n-type semiconductor layer 115. In the same field of endeavor, Kim discloses a light emitting diode in FIG. 1, [0034]. Kim further discloses a first electrode 10, a second electrode 20 disposed to overlap the first electrode 10, and an emission layer 30 disposed between the first electrode 10 and the second electrode 20. A hole-transporting layer 40 is disposed between the second electrode 20 and the emission layer 30. In addition, an electron-transporting layer 50 is disposed between the first electrode 10 and the emission layer 30, and an electron-injection layer 60 is disposed between the electron-transporting layer 50 and the first electrode 10, [0034]. Kim further discloses the first electrode 10 may serve as a cathode, and the second electrode 20 may serve as an anode, [0038], and according to another exemplary embodiment, the first electrode 10 may serve as the anode, and the second electrode 20 may serve as the cathode [0038]. Accordingly, before the effective filing date of the claimed invention, there was a need to determine if the electrode 194, 160 would be operated as a cathode or anode. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to operate the electrode 194 as a cathode as this would have been obvious to try since this is one solution for operating an electrode for an N-type layer identified by Kim and this would have had a reasonable expectation of success, see MPEP 2143. RE: Claim 2, Yang in view of Lee, Kim discloses The LED device of claim 1, wherein the transparent conductive layer comprises zinc oxide (As modified above, 160 includes indium zinc oxide which includes zinc oxide). RE: Claim 4, Yang in view of Lee, Kim discloses The LED device of claim 1, wherein the spacer layer comprises silicon oxide (Yang teaches silicon oxide is an insulating material, [0059] and that interlayer 180 is insulating, [0071]; Accordingly, before the effective filing date of the claimed invention, there was a need to select a material for 180; It would have been obvious to one of ordinary skill in the art to use silicon oxide as the insulating material in insulating layer 180 since this would have been obvious to try since silicon oxide is identified by Yang as a solution for insulating material and this would have had a reasonable expectation of success, see MPEP 2143). RE: Claim 11, Yang in view of Lee, Kim discloses A method of manufacturing light emitting diode (LED) device of claim 1, the method comprising: depositing the plurality of semiconductor layers including the N-type layer (115), the active layer (125), and the P-type layer (135) on a substrate (100); etching a portion of the semiconductor layers to form the trench and the mesa defining a pixel, the at least one mesa comprising the semiconductor layers, the top surface and the at least one side wall (130, 120, 110 are etched in FIGs. 3-10 to form layers 115, 125, 135 and the trench between the mesas, [0048]-[0062]; each mesa would define a pixel as each would correspond to a discrete component that, in combination with the other mesas, would emit light constituting an image; “pixel” is defined as “any of the small discrete elements that together constitute an image” by Merriam-Webster); depositing the dielectric layer on the side surface of the P-type layer, the side surface of the active layer, and the portion of the side surface of the N-type layer (FIG. 10 shows 155 deposited on the side surfaces of 135, 125 and the portion of the side surface of 115); depositing the transparent conductive layer on the dielectric layer, on an exposed portion of the side surface of the N-type layer, on the top surface of the at least one mesa, and on the bottom surface of the trench (FIG. 12 shows 160 deposited on 155, on an exposed portion of the side surface of 115, on the top surface of the mesa, and the bottom surface of the trench); depositing the spacer layer on the transparent conductive layer (FIG. 13 shows 180 deposited on 160); depositing the cathode layer on the transparent conductive layer (FIG. 13 shows 194 deposited on 160); and forming the p-type contact on the top surface of the at least one mesa (FIG. 13 shows 192 deposited on the top surface of the mesa). RE Claim 12, Yang in view of Lee, Kim discloses The method of claim 11, wherein the transparent conductive layer comprises zinc oxide (As modified, 160 includes zinc oxide). RE: Claim 14, Yang in view of Lee, Kim discloses The method of claim 11, wherein the spacer layer comprises silicon oxide (Yang teaches silicon oxide is an insulating material, [0059] and that interlayer 180 is insulating, [0071]; Accordingly, before the effective filing date of the claimed invention, there was a need to select a material for 180; It would have been obvious to one of ordinary skill in the art to use silicon oxide as the insulating material in insulating layer 180 since this would have been obvious to try since silicon oxide is identified by Yang as a solution for insulating material and this would have had a reasonable expectation of success, see MPEP 2143). RE: Claim 19, Yang discloses A light emitting diode (LED) device (light emitting device in FIGs. 1-2A, 14; referencing upper portion of FIG. 14 below since this portion of FIG. 14 shows a portion of FIG. 2A flipped upside down, [0074]) comprising: a mesa comprising semiconductor layers (FIG. 14 shows a middle mesa comprising semiconductor layers 115, 125, 135), the semiconductor layers including an N-type layer (115 has n-type conductivity, [0021]), an active layer (125), and a P-type layer (135 has p-type conductivity, [0019]), the P-type layer having a top surface and at least one side surface (FIG. 14 shows 135 has a top surface and side surface), the active layer having a top surface and at least one side surface (FIG. 14 shows 125 having a top surface and side surface), and the N-type layer having a top surface and at least one side surface (FIG. 14 shows 115 having a top surface and side surface), the mesa having a top surface and at least one side wall (FIG. 14 shows the middle mesa having a top surface and at least one left side wall), the at least one side wall formed by the N-type layer, the active layer, and the P-type layer (FIG. 14 shows the at least one left side wall of the mesa formed by 115, 125, 135), the at least one side wall defining a trench having a bottom surface (FIG. 14 shows the at least one left side wall of the middle mesa defining a trench having a bottom surface, the trench defined between the left mesa, the middle mesa, and 110); a dielectric layer (155 is silicon oxide or silicon nitride, [0023]; the instant application describes these materials as being dielectric, [0054]) disposed along the side surface of the P-type layer, the side surface of the active layer, a first portion of the side surface of the N-type layer, and on the top surface of the mesa (FIG. 14 shows 155 disposed along the side surfaces of 135, 125, and along a first upper portion of the side surface of 115, and along the top surface of 135 of the mesa); a first layer (160, [0015]) on the dielectric layer, on a second portion of the side surface of the N-type layer, and on the bottom surface of the trench (FIG. 14 shows 160 on 155 and on a second lower portion of the side surface of 115 and on the top surface of 110 defining the bottom surface of the trench), the dielectric layer disposed between the first layer and the side surface of the P-type layer, the side surface of the active layer, and the first portion of the side surface of the N-type layer (FIG. 14 shows 155 disposed between 160 and the side surfaces of 135, 125, and the first upper portion of the side surface of 115); a spacer layer (180) on the zinc oxide layer; a second layer (194, [0015]) on the spacer layer; and a p-contact (192) on the top surface of the mesa. Yang does not explicitly disclose: the electrode 160 is a zinc oxide layer; the contact plug 194 is a cathode layer. However, in the same field of endeavor, Lee discloses at least one of the first and second electrodes 160 and 170 may be a transparent electrode, and for example, may be formed of indium tin oxide (ITO), aluminum zinc oxide (AZO), indium zinc oxide (IZO), zinc oxide (ZnO), [0078], It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrode 160 to be made of a transparent oxide material such as zinc oxide in order to more efficiently allow light to be emitted outward from the device. The instant application describes the material zinc oxide as being transparent and conductive. Accordingly, the electrode 160 would be a transparent conductive layer. Further, Yang discloses the contact plug 194 is in electrical contact with the electrode 160, [0072]. Accordingly, the combination of the contact plug 194 and the electrode 160, which are electrically connected to n-type semiconductor layer 115, function as an electrode for the n-type semiconductor layer 115. In the same field of endeavor, Kim discloses a light emitting diode in FIG. 1, [0034]. Kim further discloses a first electrode 10, a second electrode 20 disposed to overlap the first electrode 10, and an emission layer 30 disposed between the first electrode 10 and the second electrode 20. A hole-transporting layer 40 is disposed between the second electrode 20 and the emission layer 30. In addition, an electron-transporting layer 50 is disposed between the first electrode 10 and the emission layer 30, and an electron-injection layer 60 is disposed between the electron-transporting layer 50 and the first electrode 10, [0034]. Kim further discloses the first electrode 10 may serve as a cathode, and the second electrode 20 may serve as an anode, [0038], and according to another exemplary embodiment, the first electrode 10 may serve as the anode, and the second electrode 20 may serve as the cathode [0038]. Accordingly, before the effective filing date of the claimed invention, there was a need to determine if the electrode 194, 160 would be operated as a cathode or anode. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to operate the electrode 194 as a cathode as this would have been obvious to try since this is one solution for operating an electrode for an N-type layer identified by Kim and this would have had a reasonable expectation of success, see MPEP 2143. RE: Claim 20, Yang in view of Lee, Kim discloses The LED device of claim 19, wherein the spacer layer comprises silicon oxide (Yang teaches silicon oxide is an insulating material, [0059] and that interlayer 180 is insulating, [0071]; Accordingly, before the effective filing date of the claimed invention, there was a need to select a material for 180; It would have been obvious to one of ordinary skill in the art to use silicon oxide as the insulating material in insulating layer 180 since this would have been obvious to try since silicon oxide is identified by Yang as a solution for insulating material and this would have had a reasonable expectation of success, see MPEP 2143). Claim(s) 3, 13, 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang, Lee, Kim, as applied to claim 2, 12, or 19 above, and further in view of US 20160005917 to Jung et al. (hereinafter “Jung”). RE: Claim 3, Yang, in view of Lee, Kim does not explicitly disclose The LED device of claim 2, wherein the transparent conductive layer has a thickness in a range of from 10 nm to 500 nm. However, in a similar field of endeavor, Jung teaches that wherein the first electrode includes a first ohmic contact layer contacting the first semiconductor layer and formed of a transparent conductive oxide and a first reflective layer disposed on the first ohmic contact layer, [0022]. Jung further teaches the thickness of the ohmic contact layer is 1 nm or more and less than 60 nm, [0022]. Jung teaches that The ohmic contact layer 151 may include a transparent conductive oxide, for example, at least one of indium tin oxide (ITO), tin oxide (TO), indium zinc oxide (IZO), indium tin zinc oxide (ITZO), indium aluminum zinc oxide (IAZO), indium gallium zinc oxide (IGZO), indium gallium tin oxide (IGTO), aluminum zinc oxide (AZO), antimony tin oxide (ATO) and gallium zinc oxide (GZO), and be formed in a single layered structure or a multi-layered structure. The ohmic contact layer 151 is formed of a transparent conductive oxide and may thus improve light reflectance and light extraction efficiency, [0077]. Accordingly, it would have been obvious to one of ordinary skill in the art to form the conductive oxide layer 160 with a thickness in the range between 10nm and 60nm as taught by Jung in order to improve light reflectance and light extraction efficiency. RE: Claim 13, Yang in view of Lee, Kim does not explicitly disclose The method of claim 12, wherein the transparent conductive layer has a thickness in a range of from 10 nm to 500 nm. However, in a similar field of endeavor, Jung teaches that wherein the first electrode includes a first ohmic contact layer contacting the first semiconductor layer and formed of a transparent conductive oxide and a first reflective layer disposed on the first ohmic contact layer, [0022]. Jung further teaches the thickness of the ohmic contact layer is 1 nm or more and less than 60 nm, [0022]. Jung teaches that The ohmic contact layer 151 may include a transparent conductive oxide, for example, at least one of indium tin oxide (ITO), tin oxide (TO), indium zinc oxide (IZO), indium tin zinc oxide (ITZO), indium aluminum zinc oxide (IAZO), indium gallium zinc oxide (IGZO), indium gallium tin oxide (IGTO), aluminum zinc oxide (AZO), antimony tin oxide (ATO) and gallium zinc oxide (GZO), and be formed in a single layered structure or a multi-layered structure. The ohmic contact layer 151 is formed of a transparent conductive oxide and may thus improve light reflectance and light extraction efficiency, [0077]. Accordingly, it would have been obvious to one of ordinary skill in the art to form the conductive oxide layer 160 with a thickness in the range between 10nm and 60nm as taught by Jung in order to improve light reflectance and light extraction efficiency. RE: Claim 22, Yang in view of Lee, Kim does not explicitly disclose The LED device of claim 19, wherein the zinc oxide layer has a thickness in a range of from 10 nm to 500 nm. However, in a similar field of endeavor, Jung teaches that wherein the first electrode includes a first ohmic contact layer contacting the first semiconductor layer and formed of a transparent conductive oxide and a first reflective layer disposed on the first ohmic contact layer, [0022]. Jung further teaches the thickness of the ohmic contact layer is 1 nm or more and less than 60 nm, [0022]. Jung teaches that The ohmic contact layer 151 may include a transparent conductive oxide, for example, at least one of indium tin oxide (ITO), tin oxide (TO), indium zinc oxide (IZO), indium tin zinc oxide (ITZO), indium aluminum zinc oxide (IAZO), indium gallium zinc oxide (IGZO), indium gallium tin oxide (IGTO), aluminum zinc oxide (AZO), antimony tin oxide (ATO) and gallium zinc oxide (GZO), and be formed in a single layered structure or a multi-layered structure. The ohmic contact layer 151 is formed of a transparent conductive oxide and may thus improve light reflectance and light extraction efficiency, [0077]. Accordingly, it would have been obvious to one of ordinary skill in the art to form the conductive oxide layer 160 with a thickness in the range between 10nm and 60nm as taught by Jung in order to improve light reflectance and light extraction efficiency. Claim(s) 5, 15, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang, Lee, Kim as applied to claim 4, 14, or 20 above, and further in view of U.S. 20220384516A1 (“Tan”). RE: Claim 5, Yang in view of Lee, Kim does not explicitly disclose The LED device of claim 4, wherein the spacer layer has a thickness in a range of from 10 nm to 500 nm. However, in the same field of endeavor, Tan teaches that Dielectric layer 1460 may be, for example, a layer of SiO2. Dielectric layer 1460 may have any desired thickness. In one aspect, the dielectric layer 1460 may have a thickness greater than about 50 nm and lower than about 500 nm in a surface normal direction of the mesa sidewall surfaces, [0165]. Thus, before the effective filing date of the claimed invention, there was a need to select a thickness for dielectric layer 180 in Yang in a direction normal to the mesa sidewall surfaces. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the thickness of dielectric layer 180 so it is greater than 50 nm and lower than about 500 nm since this would have been obvious to try as this is one solution provided by Tan for the thickness of a dielectric layer and this would have had a reasonable expectation of success, see MPEP 2143. RE: Claim 15, Yang in view of Lee, Kim does not explicitly disclose The method of claim 14, wherein the spacer layer has a thickness in a range of from 10 nm to 500 nm. However, in the same field of endeavor, Tan teaches that Dielectric layer 1460 may be, for example, a layer of SiO2. Dielectric layer 1460 may have any desired thickness. In one aspect, the dielectric layer 1460 may have a thickness greater than about 50 nm and lower than about 500 nm in a surface normal direction of the mesa sidewall surfaces, [0165]. Thus, before the effective filing date of the claimed invention, there was a need to select a thickness for dielectric layer 180 in Yang in a direction normal to the mesa sidewall surfaces. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the thickness of dielectric layer 180 so it is greater than 50 nm and lower than about 500 nm since this would have been obvious to try as this is one solution provided by Tan for the thickness of a dielectric layer and this would have had a reasonable expectation of success, see MPEP 2143. RE: Claim 21, Yang in view of Lee, Kim does not explicitly disclose The LED device of claim 20, wherein the spacer layer has a thickness in a range of from 10 nm to 500 nm. However, in the same field of endeavor, Tan teaches that Dielectric layer 1460 may be, for example, a layer of SiO2. Dielectric layer 1460 may have any desired thickness. In one aspect, the dielectric layer 1460 may have a thickness greater than about 50 nm and lower than about 500 nm in a surface normal direction of the mesa sidewall surfaces, [0165]. Thus, before the effective filing date of the claimed invention, there was a need to select a thickness for dielectric layer 180 in Yang in a direction normal to the mesa sidewall surfaces. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the thickness of dielectric layer 180 so it is greater than 50 nm and lower than about 500 nm since this would have been obvious to try as this is one solution provided by Tan for the thickness of a dielectric layer and this would have had a reasonable expectation of success, see MPEP 2143. Claim(s) 8, 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang, Lee, Kim as applied to claim 1 or 19 above, and further in view of US 20060227531 A1 (“Iou”). RE: Claim 8, Yang in view of Lee, Kim does not explicitly disclose The LED device of claim 1, wherein the transparent conductive layer is a CVD transparent conductive layer or a sputtered transparent conductive layer. However, in a similar field of endeavor, Iou discloses that The OLED element 220 may comprise a first electrode 212 such as a transparent electrode disposed on the substrate 210. The first electrode 212 comprises indium tin oxide (ITO), indium zinc oxide (IZO), aluminum zinc oxide (AZO), or zinc oxide deposited by sputtering, electron beam (e-beam) evaporation, thermal evaporation, chemical vapor deposition (CVD), or thermal spray decomposition, [0018]. Accordingly, before the effective filing date of the claimed invention, there was a need to select the method for depositing the zinc oxide in 160 in Yang. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to deposit the zinc oxide in 160 by sputtering or chemical vapor deposition since this would have been obvious to try as both are solutions out of a finite number of solutions identified by Iou for depositing zinc oxide and this would have had a reasonable expectation of success, see MPEP 2143. RE: Claim 23, Yang in view of Lee, Kim does not explicitly disclose The LED device of claim 19, wherein the zinc oxide layer is a CVD transparent conductive layer or a sputtered transparent conductive layer. However, in a similar field of endeavor, Iou discloses that The OLED element 220 may comprise a first electrode 212 such as a transparent electrode disposed on the substrate 210. The first electrode 212 comprises indium tin oxide (ITO), indium zinc oxide (IZO), aluminum zinc oxide (AZO), or zinc oxide deposited by sputtering, electron beam (e-beam) evaporation, thermal evaporation, chemical vapor deposition (CVD), or thermal spray decomposition, [0018]. Accordingly, before the effective filing date of the claimed invention, there was a need to select the method for depositing the zinc oxide in 160 in Yang. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to deposit the zinc oxide in 160 by sputtering or chemical vapor deposition since this would have been obvious to try as both are solutions out of a finite number of solutions identified by Iou for depositing zinc oxide and this would have had a reasonable expectation of success, see MPEP 2143. Claim(s) 9, 18, 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang, Lee, Kim as applied to claim 1, 11, or 19 above, and further in view of US 20180019378 A1 (“Seong”). RE: Claim 9, Yang in view of Lee, Kim does not explicitly disclose The LED device of claim 1, wherein the cathode layer comprises one or more of silver (Ag) and aluminum (Al). However, Lee teaches 194 is a contact plug, [0015]. In the same field of endeavor, Seong discloses The contact plug may be aluminum (Al), Al alloy, silver (Ag), Ag alloy, rhodium (Rh) or Rh alloy, [0043]. Accordingly, before the effective filing date of the claimed invention, there was a need to select a material for the contact plug 194. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the contact plug 194 out of silver and/or aluminum since this would have been obvious to try as both are solutions out of a finite number of solutions identified by Seong for the material in a contact plug and this would have had a reasonable expectation of success, see MPEP 2143. RE: Claim 18, Yang in view of Lee, Kim does not explicitly disclose The method of claim 11, wherein the cathode layer comprises one or more of silver (Ag) and aluminum (Al). However, Lee teaches 194 is a contact plug, [0015]. In the same field of endeavor, Seong discloses The contact plug may be aluminum (Al), Al alloy, silver (Ag), Ag alloy, rhodium (Rh) or Rh alloy, [0043]. Accordingly, before the effective filing date of the claimed invention, there was a need to select a material for the contact plug 194. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the contact plug 194 out of silver and/or aluminum since this would have been obvious to try as both are solutions out of a finite number of solutions identified by Seong for the material in a contact plug and this would have had a reasonable expectation of success, see MPEP 2143. RE: Claim 24, Yang in view of Lee, Kim does not explicitly disclose The LED device of claim 19, wherein the cathode layer comprises one or more of silver (Ag) and aluminum (AI). However, Lee teaches 194 is a contact plug, [0015]. In the same field of endeavor, Seong discloses The contact plug may be aluminum (Al), Al alloy, silver (Ag), Ag alloy, rhodium (Rh) or Rh alloy, [0043]. Accordingly, before the effective filing date of the claimed invention, there was a need to select a material for the contact plug 194. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the contact plug 194 out of silver and/or aluminum since this would have been obvious to try as both are solutions out of a finite number of solutions identified by Seong for the material in a contact plug and this would have had a reasonable expectation of success, see MPEP 2143. Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang, Lee, Kim as applied to claim 1 above, and further in view of US 20210288222 (“Young”). RE: Claim 10, Yang in view of Lee, Kim does not explicitly disclose The LED device of claim 1, wherein the semiconductor layers are epitaxial semiconductor layers having a thickness at least 1 micron. However, in a similar field of endeavor, Young discloses semiconductor layers 104 are grown on a substrate 102. The semiconductor layers 104 according to one or more embodiments comprise epitaxial layers, III-nitride layers or epitaxial III-nitride layers, [0040]. Young further discloses that the semiconductor layers 104 comprises one or more of gallium nitride (GaN), aluminum nitride (AlN), indium nitride (InN), aluminum gallium nitride (AlGaN), indium gallium nitride (InGaN), indium aluminum nitride (InAlN), aluminum indium gallium nitride (AlInGaN) and the like. In one or more specific embodiments, the semiconductor layers 104 comprises a p-type layer, an active region, and an n-type layer, [0042]. Young discloses that the semiconductor layers 104 have a combined thickness in a range of from about 2 μm to about 10 μm, [0045]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to grow the semiconductor layers in the mesa as epitaxial layers and to have a combined thickness in the range from 2 μm to about 10 μm as taught by Young in order to better control the orientation of the structure of the semiconductor layers and to reduce the size of the device. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL ANGUIANO whose telephone number is (703)756-1226. The examiner can normally be reached Monday through Friday. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brent Fairbanks can be reached at (408) 918-7532. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MICHAEL ANGUIANO/Examiner, Art Unit 2899 /Brent A. Fairbanks/Supervisory Patent Examiner, Art Unit 2899
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Prosecution Timeline

Nov 07, 2022
Application Filed
Feb 25, 2025
Non-Final Rejection — §103
May 19, 2025
Response Filed
Jun 17, 2025
Final Rejection — §103
Aug 29, 2025
Interview Requested
Sep 11, 2025
Examiner Interview Summary
Sep 11, 2025
Applicant Interview (Telephonic)
Sep 18, 2025
Request for Continued Examination
Oct 01, 2025
Response after Non-Final Action
Jan 16, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
44%
Grant Probability
80%
With Interview (+36.7%)
3y 0m
Median Time to Grant
High
PTA Risk
Based on 16 resolved cases by this examiner. Grant probability derived from career allow rate.

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